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‘OR THE GOVERNMENT — 


De HO) du 


ed February 15th, 1896. 


inances and Charter — 


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ORDINANCES AND CHARTER 


FOR ‘THE 


GOVERNMENT 


OF THE 


(OWN OF CHAPEL HILi, | 
NORTH CAROLINA. 


Ratified February 15th, 1896. 


——— 
eeee eee seer oe eo 


CHAPEL HILL: 
UNIVERSITY PRESS CO. 
1896. 


EP NCe .. 
4 NcU 


DIRECTORY OF CHAPEL HILL. 


—_—___. 


MAYOR: 
ALGERNON S, BARBEE. 


COMMISSIONERS: 
J, A, HOLMES, J. A.-LONDGOS, 
W. N. PRITCHARD, H. H. PATTERSON, 
THOMAS F. LLOYD. 


CLERK AND TREASURER: 
A. J. MCDADE, 


CONSTABLE: 
H. W. SPARROW. 


-WEIGHMASTER: 
W. L. TANKERSLEY. 


In compliance with a resolution of the Commission- 
ers of Chapel Hill at a meeting held on the 2nd day 
of December 1895, we have revised and prepared the 
following ordinances and rules for the government of. 
the town. which we respectfully submit for adoption. | 

ALGERNON S. BARBER, 
ALPHONSO J. MCDADE, 
Committee, 


ORDINANCES. 


Be it ordained by the Commissioners of Chapel 
Hill, and it is hereby ordained by the au- 
thority of the same: 

Election of Mayor and Commissioners. 

Sec. 1. The election of a Mayor and five 
Commissioners shall take place on the first 
Monday in May of each year, under such rules 
and regulations asare or shall be provided by 


law. 


Meeting of Board of Commissioners. 
Sec. 2. The regular meeting of the Board 
of Commissioners shall be on the first Monday 
in each month. The Mayor or a majority of 


the Board may call special meetings when in 


their opinion the public interest shall require 


it. Three Commissioners shall constitute a quo- 
rum for the transaction of business, except as 


may be hereafter otherwise ordered in these 


cS an <I d 


ordinances. 


Election of other Officers. 
eee o, ) 1 he Boatd shall elect at the regu- 
lar meeting in May of_each year, or as soon 
thereafter as may be determined by the Board, 


4 


a Clerk, Treasurer, Constable, and Weigh- 
master, who shall nold office until the next 
election and their successors shall be elected 
and qualified; Provided, that an Attorney 
may also be elected, when in the discretion of 
the Board such action is deemed desirable. | 


Sec. 4. The Board may consolidate the offi- 
ces of Clerk, Treasurer, Constable, and Weigh- 
master, and devolve the duties upon one or 
more persons, the offices, nevertheless, to re- 
main the same. 7 


Oath to be taken by Town Officers. 

Sec. 5. The Mayor, Commissioners, and 
all other officers of the town, before entering 
upon their official duties, shall respectively take 
an oath for the faithful discharge and per- 
formance thereof. 

Constable and other Officers to Report, and Mayor 
to Punish all Violations of these Ordinances. 
SEC. 6. It shall be the duty of all officers of 

the town, and especially the Constable, to re- 
port to the Mayor all violations of the town - 
ordinances which shall come to their know- 
ledge: and it shall be the duty of the Mayor 
forthwith to issue his warrant against all of- 
fenders. 


Other Duties and Compensation of the Mayor. 
SEC. /, ht Shallabe the duty of the Mayor 


5 


to keep a record of all actions under the ordi- 
nances of the town and his judgment therein, 
in each case. 


Sec. 8. The compensation of the Mayor 
shall be in the discretion of the Board, except 
that he shall receive such fees, in all actions 
in the en-forcement of the town ordinances, as 
are allowed Justices of the Peace in criminal 
actions in State cases. 


Mayor may Appoint Additional Policemen. 
SEC. 9. The Mayor is authorized when, 
in his discretion, on extraordinary occasions, 
it may be necessary for the preservation of 
order in the town, to appoint one or more 
special policemen to assist the Town Consta- 
ble in preserving order; who shall have the 
Same powers as the Town Constable for this 
_purpose, and shall be paid for their services 
out of the town treasury such sums as the 
Town Commissioners may order. 
Duties, Compensation, and Bond of the Constable. 
‘Sec. luv. It shall the duty of the Town Con- 
stable to arrest, without a warrant, and carry 
_ before the Mayor all persons who shall in his 
presence violate any of the town ordinances. 
‘Sec. 11. The Constable, before entering upon 
his duties, shall give a bond with good and suffi- 
cient security to be approved by the Board, in 


6 


the sum of five hundred dollars, andina larger 
sum when it shall be so ordered by the Board. 
He shall collect -!1 taxes, fines and forfeitures, 
keep an account of the same in writing and 
pay them over to the Treasurer monthly, and 


take his receipt therefor. He shall be thecus- | 


todian of all the town property and ceme- 


tery, and shall be held responsible for all town 


property. 

He shall diligently and faithfully execute 
the town ordinances, and also the criminal 
laws of the State, in cases happening within 
the corporate limits of the town, and within 
the jurisdiction of a Justice of the Peace, and 
in other cases he shall report the same to the 
proper authorities. 

He shall be superintendent of the street and 
cemetery work, and the keeping up of all re- 
pairs, and when in performance of such duty, 
he shall keep in writing the time each em- 
ployee or laborer worked, cost of labor and 
material and all other expenses incurred by 


him on account of the town, and make report . 


thereof monthly to the Board. He shall be 
held bound for the whole amount of the tax 
list of each year, placed into his hands for col- 
lection as sheriffs of counties are, and no de- 
ductions therefrom shall be allowed in his an- 
nual and final settlement except for such taxes 


T 


as shall be allowed by the Board of Commis- 
sioners on account of insolvency, death, or re- 
moval. 

He shall at the regular meeting of the Board 
.in April of each year, make an annual report 
and final settlement, and such other report from 
time to time as may be ordered. 


He shall be paid for his services, ten per 
centum of all taxes collected, one-half of all 
fines and forfeitures, and in all actions for the 
enforcement of the town ordinances, the same 
‘fees as are allowed constables; and such other 
compensation for superintending street and 
cemetery work and the performance of other 
duties to which he may be specially directed, 
in the discretion of the Board. 


SEC. 12. It shall be the duty of the Con- 
stable under the direction of the Mayor, or the 
Board, to investigate the conditior‘of all 
privies, back-yards and other places in the 
town, and to notify the owner or tenant of any 
premises which shall be found in bad condi- 
tion and in violation of any town ordinance in 
Such cases made and provided, to abate any 
ntisance that may exist on said premises; and 
‘any person who after being notified, fails to 
abate such nuisance within twenty-fours, shall 
pay a fine.of two dollars. 


8 


Sec. 13. Should the Constable, after being 
informed, or knowing of the violation of any 
of the town ordinances, refuse or neglect toen- | 
force the same, he shall, upon conviction of 
such negligence of duty, be fined five dollars; 
Provided, that the Mayor may remit a part of 
the said fine if, in his discretion he may deem — 
it proper. 
Constable May Enter Enclosures and Summon 

Posse. 

SEc. 14. The Constable shall have the 
power to enter the enclosure and house of any 
person within the town, without warrant, 
when he has good reason to believe that any 
of the laws of the State or ordinances of the 
town are violated, for the apprehension of any 
person so offending, and if necessary, to sum- 
mon a posse to aid him, and all persons sum- 
moned shall have like authority; and if any 
person so summoned shall refuse to give his 
assistance, he shall be fined two dollars. 


Duties and Compensation of the Clerk. 

Sec. 15. The Clerk shall attend punctually 
on the meetings of the Board, keep correctly 
the minutes of the proceedings in a Journal 
provided for such purpose, publish by posters 
the annual settlements of officers, and perform 
such other clerical and official duties which he 


9 


“may, by the Board, from time to time be au- 
_ thorized and directed. He shall keep the plot 
'.of the town, and files of all documents, reports 
and Sete srents of officers, vouchers, receipts, 
_ and the other valuable papers of the town, ex- 
cept only those which may properly belong to 
the office of the Treasurer. 

His compensation shall be in. the discretion 
of the Board. 


Duties, Compensation, and Bond of Treasurer. 

SEC. 16. The Treasurer, before entering 
upon the duties of his office, shall give a bond 
with good and sufficient surety in the sum of 
five hundred dollars, to be approved by the 
Board. He shall receive all moneys and re- 
_ceipt for the same, keep an account thereof in 
a journal provided for such purpose, and pay 
out on the order of the Board, which order shail 
be first signed by the Clerk issuing it and 
countersigned by the Mayor. 

He shall at the regular meeting of the 
Board in May of each year, make his annual 
report and final settlement, and such other and 
further reports as may be required of him. 
His compensation shall be in the discretion 
of the Board. 


Duties and Compensation of Weighmaster. 
_SEc. 17. The Weighmaster, before enter- 


10 


ing upon the duties of his office, shall give a 
bond in the sum of not less than fifty dollars, 
with good and sufficient surety to be approv- 
ed by the Board. He shall have charge of the 
town scales. He shall promptly attend to the 
weighing of all provender, keep an account of 
the same in writing, and at the regular meet- 
ing of the Board in April of each year make 
report and final settlement. | 

He shall also, quarterly, after the first Mon- 
day in May of each year, make return and 
settlement with the Treasurer, and turn over 
to him all moneys collected for weighing, and 
take his receipt therefor. 

He shall receive for his services one-half of 
the rate of charges prescribed for weighing. 


Duties of Finance Committee. 
Sec. 18. The Board shall annually appoint 
a Finance Committee, whose duty it shall be to 
audit all accounts and other indebtedness of 
the town and the annual settlements of officers, 
and report its action thereon in writing to the 
Board. 
Duties of Health Committee. 

SEc. 19. The Soard shall annually appoint 
a Health Committee, whose duty it shall be to 
look after the sanitary condition of the town, 
and make such recommendations to the 


11 


Board from time to time as it shall appear 
needful. 


Duties of Street Committee. 

SEc. 20. The Board shall annually appoint 
a Street Committee, whose duty it shall be to 
look after the condition and workings of the 
streets and sidewalks, and the keeping up of 
all repairs, and make such recommendations 
to the Board as it may deem expedient and 
conducive to their better condition and im- 
provement at the least expense. 


Src. 21. Parliamentary usages shall be 
_ the rules of government in the deliberation of 
the Board. 


Claims Against the Town. 

SEC. 22. In the allowance of any claim 
against the town by the Board, the taxes due 
by the claimant shall first be deducted and ac- 
credited, before the payment of balance of said 
claim. | ; 


SEc. 23. No claim against the town shall 
be acted upon by the Board, until it has been 
first submitted to the Finance Committee and 
passed upon and reported. 


‘SEc. 24. All claims against the town shall 
be presented and allowed in the name of the 
party with whom the Board or its authorized 


12 


agent has contracted. And no person shall do- 
or perform a service or contracta debt against 
the town without first being authorized by the © 
Board, or by thie Mayor in case of emergency 
and when the public interest shall require it. 

Src. 25, All petitions, reports of officers - 
and committees, and the presentations of any © 
claims against the town, shall be in writing, 
intelligibly written and submitted, and by the 
proper officer recorded and filed. | 

Sec. 26, The compensation of officers shall 
not be retained by them from any money in 
their hands belonging to the town; all said ~ 
money shall be paid to the proper cae and 
their claims against the town Shall be present- 
ed in writing, audited and allowed as other - 
claims against the town, before being paid. 


Town Officers Shall Not Take Town Contracts. 

Sec. 27. No Commissioner or other officer © 
of the town shall be directly or indirectly a” 
contractor for work to be done for the town. 


Provender to be Weighed on the Public Scales. 

Sec. 28. All fodder, hay, oats, and other | 
provender sold by weight in the town, shall be 
weighed at the public scales, and the Weigh-. 
master shall give a certificate of the weight of 
the load, and also of the cart or wagon when 
unloaded; and if any person shall buy any 


ey re 


a 


fodder, hay, oats or other provender above 


1 ig 


"specified, without the same being weighed as 


- herein directed, he or she shall be fined one 


| dollar for each offence. 


fe 


Rates of Charges for Weighing. 
See. 29. The rates of charges for weigh- 
ing on the town scales shall be on net weights: 


| fifteen cents, from one pound to one thousand 


_ pounds; twenty cents, from one thousand to 
_ fifteen hundred pounds; and twenty-five cents, 
for all over fifteen hundred pounds to be col- 
lected by the Weighmaster when the weigh- 
ing. is done. He shall also give to the party 
a certificate of the weights. These fees are 
to be paid by the seller. 


Listing and Valuation of Property. 

_ Sec. 30. The Mayor, or other suitable per- 
son shall, by order of the Commissioners, take 
the list of taxables in the town, in such'man- 
Mer and at such time as the Commissioners 


“shall prescribe. If any person fail to list his 


taxables within tlie time prescribed by the 
“Commissioners he shall be liable to a double 
tax. rat OLS, Sec. 3507. 

Bo The valuation of said property shall be that 
placed upon the same by the township board 
of assessots for State and County taxes,— 


Code, Sec. 7807) 


14 


Discharge of Fire Arms within the Town Limits. 
Explosion or Sale of Fire Works. 


Sec. 31. Any person who shall discharge 
or shoot a gun, pistol, or other fire-arms of — 
any description within the limits of the town, 
except in case of absolute necessity; or who 
shall explode any rocket, pop-cracker or other 
fire-works or any combination of gun-powder 
in any street of the town, shall pay a fine of 
one dollar for each offence. Itis futher pro- 
vided that any person who shall sell, directly 
or indirectly, after the 4th day of July, 1896, 
any rocket, Roman candle, pop-cracker or 
other fire-works within the corporate limits 
of the town, shall pay a fine of twenty-five 
dollars for each offence. 

Disorderly Behavior within the Town Limits. 

Src. 32. Any person who shall be guilty 
of behaving disorderly within the corporate 
limits of the town, by using profane or vulgar 
language, or in any other way, or who shall 
be guilty of loud hallooing and screaming, or . 
making any loud or extravagant noise, except 
on occasion of public rejoicing, and in cases 
of fire, danger or unavoidable accidents shall 
pay a fine of five dollars for each offence: 
Provided, that the Mayor may, in his discre- 
tion, remit a part of said fine if he deem it 
proper. } 


15 
_ Throwing of Stones or other Missiles within the 
. Town Limits. 

SEC. 33. Any person who shall throw, 
pitch or fling with hand or otherwise, stones, 
brickbats, missiles or any other hard substance 
so as to endanger the person or property of 

any one within the corporate limits of the 
| town, shall pay a fine of one dollar for each 
_ offence. 


Fast Riding or Driving on Streets. 

SEC. 34. Any person who shall ride or 
drive immoderately through the streets of the 
town, for each offence, shall pay a fine of one 
dollar. 


Riding, Driving or Hitching Horses on Sidewalks. 
SEC. 35. Any person, who shall ride, drive 
or lead any horse, mule or other animal upon 
the sidewalks of the town except at the cross- 
ing; or shall hitch or tie or stop the same 
thereon with or without vehicle or other attach- 
ments, shall be fined one dollar for each of- 
ence, and a like sum for each quarter of an 
hour it shall continue after notification by the 
| Town Constable to remove the same. 
| Riding Bicycles on Sidewalks. 
_ Sec. 36. Any person who shall ridea bicy- 
cle on the side walks of Franklin street be- 
tween Columbia street and Episcopal church 


a 


16 


lot, shall pay a fine of one dollar for each of- 
fence. 


Hitching to Trees or Shrubs by Sidewalks.” 
Sec. 37. Any person who shall hitch or tie 
any horse, mule or other animal to any tree 
or to any fixtures around any tree planted or © 
standing along and by the sidewalks of any 
tree in the town, shall pay a fine of one > dol- 
lar for each offence. 


Injury of Shade Trees on the Streets. 
Sec. 38. Any person who shall injure any 
' shade tree upon the streets and sidewalks of | 
the town shall pay a fine of twenty dollars for 
each offence. ? 


Sec. 39. Every person is forbidden to trim 
any shade tree upon the streets and sidewalks 
without special permission of the Mayor or the 
Board.of Commissioners, undera pea of ten 
dollars for each offence 


Removal of Sand or Soil from the Streets. 
SEc. 40. Any person who shall remove any 
sand or dirt from the streets or sidewalks shall 
pay a fine of one dollar for each offence. 


Obstructions in the Streets. 
Suc. 41. No brick, stone, wood or tte 
substances shall be allowed to lie in the streets 
of the town for a longer period than twenty-_ 


17 

four hours; Provided, however that the re- 
moval or repairing of any building, building 
material, earth and other obstructions of like 
character may, by permission of the Mayor in 
writing, be allowed under such restrictions as 
he may impose. And no person shall place in 
any street or upon any sidewalk boxes, casks, 
crates, barrels, or other obstructions; /vo- 
vided, that horse racks may be erected on any 
street except Franklin street; Provided, that 
any person may plant a hitching post in front 
of his or her premises, said post not to be ex- 
ceeding four feet from the sidewalk. Any 
person offending against these provisions shall 
be fined one dollar for each offence. 

And if any obstruction shall not be remov- 
ed within twenty-four hours after notification 
by the Constable to remove the same, the per- 
son offending shall pay a fine of one dollar for 
each day such obstruction shall remain there- 
after. 

Openings on Streets from Cellars or Vaults. 

Sec. 42. Every owner of a house on a street 
which has a cellar door or vault ina sidewalk, 
shall keep the same in good repair; and any 
one who, after having been notified by the 
Constable, shall fail to do so, he shall forfeit 
and pay a fine of two dollars for each and 
every day it remains in that condition. 


| 


18 


Injury to Bridges, Culverts, Pavements, &c. 

See. 43. Any person who shall injure or 
displace any bridge, rock-wall, or pavement of 
the streets or sidewalks, and culverts, ditches 
and drains, or other property belonging to the 
town, or shall place any obstruction in any 
culvert, ditch or drain, shall forfeit and pay 
five dollars for each offence. | 

Removal or Injury of Signs, Lamps, &c. 

Sec, 44. Any person who shall injure or 
displace any sign or sign-post, lantern, lamp, 
or lamp-post or bulletin board upon the streets 
and sidewalks of the town, belonging to an- 
other, shall be fined two dollars for each of- 
rence, 

Pollution of Public or Private Wells or Springs. 

SEc. 45, Any person who shall throw any 
filth or rubbish of any kind into any of the 
public wells of the town, or shall in any man- 
ner injure the same, shall be fined five dollars 
for each offence. | 

Src. 46. Any person who shall pollute any 
private or public well or spring within the 
corporate limits of the town, shall pay a fine 
of ten doilars. 

Watering or Feeding Stock Near Public Wells. 

Sec. 47. Any person who shall water stock 
within ten feet, or feed stock within fifty feet 


19 


of the public wells of the town, shall pay a 
fine of one dollar, for each offence. 


Public Nuisances in Streets or Elsewhere. 

Suc. 48. Any person whoshall keep or suf-. 
fer to be kept, any lot, or house or out-house 
within the corporation, to him or her belong- 
ing or in possession, in such a condition as to 
be a nttisance, (to be adjudged of by the May- 
or,) and after due notice by the Constable, shall 
fail or refuse to abate said nuisance, shall be 
fined two dollars, and the further sum of one 
dollar for each day the said nuisance shall re- 
main after notification by the Constable. 

Suc. 49. Any person who shall throw any- 
thing, by whatsoever name known, in any of 
the streets or lots of and in the town, which 
may operate as a nuisance (to be adjudged of 
by the Mayor) shall pay a fine of one dollar, 
and the further sum of one dollar for each day 
the same shall remain after notice, by the Con- 
stable, to remove the same. 


Drunkenness on the Streets. 

Sec. 50. Any person who shall be found 
drunk upon the streets of the town shall pay - 
a fine of two dollars for each offence. 

Cock Fighting. 3 
Src. 51. Cock fighting within the limits of 

the town is forbidden, and any person who 


20 


shall be guilty thereof, shall forfeit and pay i 
two dollars for each offence. : 


ae 


Hog Pens. 
Sec. 52. Any person who shall have, or | 
shall erect or have built any hog-pen within | 
ten yards of any street of the town; or who | 
shall make a practice of feeding any hog, or — 
hogs in the streets or upon the sidewalks, or 
who shall fail to keep his or her hog-pen in a 
clean and healthful condition, shall forfeit and 
pay one dollar for each offence, and a like sum 
for each day it shall continue after notice by 
the Constable. 


Privies. 

SEC. 53. Any person who shall have a 
privy within thirty feet of any street or side- 
walk of the town, or who shal! not keep his or 
her privy properly cleaned and disinfected; or 
who shall not so enclose it as to prevent the 
access of hogs, shall forfeit and pay two dol- 
lars for each day it shall thus remain after 
notice by the Constable. 


Removal of Dead Animals. 

SEC. 54.. Any owner or occupant of a town 
lot who shall not remove from the same any 
dead animal which may happen to be thereon, 
without the corporate limits, shall be fined 
one dollar, and the further sum of one dollar 


21 


for each day it shall remain after notice by the 
Constable. - 


Slaughter Pens. 
Sec. 55. No slaughter pen shall be within 
one hundred yards of the main thoroughfares 
or streets of the town. Any person violating 
this ordinance shall forfeit five dollars for 
each day it shall continue to exist after notice 
by the Constable. 


Improperly Constructed Chimneys, Flues, &c: 

Sec. 56. Any person who shall erect or 
so construct, or who shall use after erection 
and construction in the town, any chimney, 
flue, stove, or stove pipe as would be insecure 
from danger by fire to property; or who shall 
store loose straw, hay, fodder, or other proven- 
der, in any building or out-house or other 
place in the town the proximity of which to 
any building in which fire is kept, would like- 
ly be dangerous—shall be fined five dollars 
for each offence, and a like sum for each day 
it shall so remain after notice by the Consta- 


bie. 


Storing of Hot Ashes in or near Houses. 
Src, 57. Any person who shall store or de- 
posit hot ashes ia or within ten feet of any 


pbuilding or out-house in the town, shall be 
fined five dollars for each offence. 


22 


Burning out Chimneys or Flues. 

Sec. 58. Any person who shall burn out 
any chimney within the limits of the town — 
other than on rainy or snowy days; or who shall 
not keep the: same, or any flue or stove-pipe | 
properly cleaned of soot or other ignitable | 
matter therein, shall be fined one dollar for 
each offence. 


Public Carriers Must Pay Special Tax. 

sec. 59. No person shall engage in the 
business of transporting passengers or bag- 
gage, or draying for pay within the corporate 
limits of the town without first paying the tax- 
es required by law and procuring a license 
from the Mayor under a penalty of five dol- 
lars. ao oe 
The tax on each horse, mule, or other ani- 
mal so engaged shall be one dollar and fifty 
cents. The license year shall run from May 
1st to May 1st in each year and no license shall 
be transferable; Provided, that this ordinance 
as to transfer of license shall not apply to — 
persons who transfer their business by sale. q 
Bringing Merchandise within the Limits of the 
Town. 

SEC. 60. Any person who shall bring by — 
wagon, or other conveyance, any goods, wares, 
or merchandise, and unload the same within 


23 


‘the town on the Sabbath, except -in case of 
unavoidable accident or necessity, shall be 
fined two dollars for each offence. 


Keeping Open of Stores on Sunday. 

Src. 61. No person shall keep open any 
shop or store (Drug stores excepted) on Sun- 
day. Nor shall any shop or store be opened 
on Sunday for the purpose of buying or selling 
except in case of necessity; Provided, that 
Drug stores shall sell no goods whatever on ° 
Sunday except such as are required strictly for 
medical purposes; and upon conviction of a 
violation of this ordinance the person so of- 
fending shall pay a fine of five dollars for each 
offence. 


: Indecent Behavior. 

_ Sec. 62 Any person who shall indecently 
| expose him or herself in any place in the town 
in open day, or do any obscene act, or write 
"any obscene marks or drawings in any public 
place, shall forfeit and pay two dollars for each 
offence. . 

Sec. 63. Any woman who skall on any 
street, or other public place of the town, so- 
licit, by word, signs, or otherwise, men to have 
carnal intercourse with her or any other female 
shall be arrested and tried, and upon convic- 
tion shall be fined five dollars for each offence. 


24 


SEC. 64. Any prostitute or woman whose 
general reputation for chastity is bad who 
shall be found on the streets plying her voca- 
tion, or soliciting men, or drinking, or loiter- 
ing from place to place in the town, or con- 
ducting herself in a forward or improper man- 


ner, Shall be arrested and tried and upon con-— 


viction shall be fined five dollars for each of- 
fence. 


Houses of Ill Fame. — 

Sec. 65. Any person who shall keep a dis- 
orderly house or house of ill-fame within the 
corporate limits of the town, and any person 
who shall knowingly rent any house to be 
used as a house of ill-fame shall forfeit and 
pay ten dollars for every day the house is so. 
kept; and all adult persons living in such 
houses shall be considered the kcepers thereof 
and be subject to the penalties of this section. 


Sec. 66. Any owner of a slut who shall 
suffer her to run at large within the corporate 
limits of the town when ‘‘proud” shall be fin- 
ed five dollars. 

Sec. 67. No person shall exhibit or show 
off any stud horse or jackass in the streets of 
the town, nor shall hitch either of said animals 
(excepting a regularly worked stud horse) upon 
the streets or in any conspicuous place in the 


: 


25 


town. Any person violating this ordinance 
Shall forfeit and pay five dollars. 


Care and Protection of Cemetery. 

Sec. 68. No person shall cut, break, or in 
any other manner injure or destroy any tree, 
shrub or plant,or wantonly injure or destroy 
atly flower, grass or grass-plot, or any enclosure ; 
of any grave, in the Cemetery of the town, un- 
dera penalty of five dollars for each offence. 


Sec. 69. No person shall throw or deposit — 
any filth or unclean and offensive substance in 
the Cemetery of the town, under a penalty of 
five dollars, 


SEc. 70. Any person who shall in digging 
a’ grave abandon it without properly filling up 
. the same and removing all rocks .and litter 
produced from such digging without the en- 
closure of the Cemetery of the town, Shall be 
fined two dollars for each offence. 


Appropriation of Money or Action on Ordinances 
shall be Provided for at the Regular Meetings 
of the Board. 


Sec, 71. Noresolution to appropriate mon- 
_ey, or to alter or repeal any rule or ordinance 
of the Board, or toenact any new ordinance, 
or establish any new rule, shall be offered at 
any other than a regular meeting; and any 
resolution to alter or repeal any existing rule 


26 


or ordinance shall be first submitted in writing 
and entered in the minutes, and shall at the 
next succeeding or subsequent regular meeting 
receive a majority of the entire Board before 
its adoption. 
Repeal of Ordinances in Conflict with the Above. 

Sec. 72. All rules and ordinances hereto- 
fore passed for the government of the town of 
Chapel Hill, which are repugnant to the rules 
and ordinances above set forth, are hereby fe- 
pealed; but no offence committed and no penal- 
ties incurred under any ordinances hereby re- 
pealed shall be affected by the repeal. 

These rules and ordinances shall be in force 
from and after their ratiflcation by the Board. 


Ratified this 15th day of February, 1896. 


CHARTER 
OF THE 


TOWN OF CHAPEL HILL, N. ©. 


AN ACT FOR THE BETTER REGULATION OF 
CHAPEL HILL. 


Srcrion1. Be tt enacted by the General Assembly of 
the State of North Carolina and itis hereby enacted by 
the authority of the same: That Manuel Fetter, Jesse 
Hargrave, Patterson H. McDade, Elisha Mitchell and 
Jones Watson, and their successors in office, shall be 
a body politic and corporate, by the name of ‘ihe 
Commissioners of Chapel Hill,” and as such shall 
have all the powers and privileges necessary for the 
proper government of said village. 

SECTION 2: Be it further enacted, that in every 
year the citizens of Chapel Hill shall elect five per- 
sons Commissioners thereof, who shall Ergin in of- 
fice one year and until the election of their successors. 

SecTION 3. Be it further enacted, that no person 
shall be eligible as a Commissioner, unless he be a 
resident. 

SECTION 4. Be it further enacted, that any Justice 
of the Peace or any two citizens of the village, eligi- 
ble to the office of Commissioner (in case there be no 
resident Justice of the Peace) may hold the election 


and determine who are elected. 


28 


SECTION 5. Be it further enacted, that the Com- 
missioners, as soon as may be after their election, shall 
choose a resident of the village [not of their own 
body] a Magistrate of Police, to preside at their meet- 
ings, and give the casting vote in case of a tie; a 
town ‘Treasurer, Constable and Clerk. They shall 
ascertain and settle the boundaries of Chapel Hill, 
and cause a plot thereof to be recorded in the Journal 
of their proceedings; and may on or before the 1st day 
of April in each year, assess the value of town prop- 
erty, lay such taxes on persons and property [stu- 
dents of the University, and property owned by the 
Trustees thereof excepted] as they may deem proper, 
and apply the revenue arising therefrom to the con- 
struction, improvement and repair of the streets, and 
to such other purposes, as they may deem conducive 
to the prosperity of the village. 

SECTION 6. Be it further enacted, That the Town 
Constable, when directed by the Commissioners shall 
proceed to collect the taxes; and in the execution of 
this duty shall have all the authority, and may use 
all the means, exercised and used by the Sheriffs of 
this State in the collection of public taxes. 

Section 7. Be it further enacted, That all resi- 
dents of the village and persons owning property 
therein, shall on, or before the first day of April, an- 
nually, make a written statement of all taxable polls 
and property for which they may be accountable and 


deliver the same to the Magistrate of Police; any per- 


29 


> sons failing to make such statement, or making a 
false statement, shall be subject to double tax; and it 
shall be the duty of the town Constable, on the req- 
wisition of the Commissioners to proceed to collect 
the same on all such unreturned persons or property. 

Srcrion 8. Be it further enacted, That it shall be 
the duty of the Commissioners to adopt proper ordi- 
nances, and use all other lawful measures for the sup- 
pression of nuisances, the proper regulation of shop- 
keepers, and the exclusion of itinerant venders of 
spirituous liquors, and all other articles the sale of 
which is not licensed by the laws of this State. 

\Secrion 9. Be it further enacted, That all enact- 
ments coming within the purvue of this act, are here- 
by repealed, and this act shall be in force from and 
after its passage. 

Ratified 29th January, 1851. 


CHARTER AMENDMENT, 1879. 

The General Assembly of North Carolina do énact; 

Sec, 1, That the Mayor of the said town of Chapel 
Hill be clothed with all the powers [of the| peace in 
the County of Orange. 

Src. 2. Beit further enacted, That the Commis- 
sioners of said town may build or rent a house for the 
confinement of those who are sentenced to imprison- 
ment for the violation of the ordinances of the town 
or for contempt of the Mayor’s court, at a cost not 


exceeding three hundred dollars, and until said house 


30 


is built or rented the county jail shall be used for _ 
that purpose, and the Sheriff or Jailor shall receive f 
such persons and shall charge the same fees as in ~ 
cases of other prisoners, and in case the person socon- 
victed is insolvent the Board of Commissioners of 
Chapel Hill shall pay the jail fees and charges, and 


the Commissioners shall have power, under such 


rules and regulations as they may adopt, to require © 


any person so imprisoned or fined to work on the 


streets in said town until the prison fees, fines and — 


costs are paid, 
Src. 3. Be it further enacted, That the board of 


commissioners of said town shall have authority to 


assess and collect annual taxes for municipal purposes 
on all persons and property within the corporate lim- 
its which are taxed for State and county purposes: 
Provided that the basis of taxation between persons 
and property shall be the same as established by the 
constitution of the State, and taxes so collected shall 
not exceed two-thirds the amount collected for State 
and County purposes. 

Sxc, 4. Be it further enacted, That said Commis- 
sioners shall be further empowered to collect a license 
tax of not more than five dollars annually from per- 
sons engaged in any trade or occupation that is taxed 
by the State. | 

Src. 5. Be itfurther enacted, That any violation 


of such ordinances as may be passed under said char- — 


ter, and are not inconsistent with the constitution 


f 


” 


31 


and laws of the State of North Carolina, shall be a 


“misdemeanor and as such shall be punishable by any 


-j 


Court of the State having jurisdiction. 
Sec. 6. This Act shall be in. force from and after 


3 its ratification. 


Ratified on the 14th day of March, 1879. 


CHARTER AMENDMENT, 1895. 

The General Assembly of North Carolina do enact: 

SEc, 1.. That the charter of the town of Chapel 
Hill, in Orange County, North Carolina, be and the 
same is hereby, amended as follows: That in lieu of 
electing the mayor of said town by the vote of the 
board of commissioners, that on the first Monday in 
May, Highteen hundred and ninety-five (1895) and in 
each succeeding year thereafter, there shall be an 


election held for mayor and board of commissioners 


in like manner as prescribed in section three thousand 


' seven hundred and ninety-four of the Code, for the 


- election of such officers. 


\ 


-Sxc. 2° Be it further enacted, That all acts, or 
clauses of acts, in conflict with this act be, and the 
same are hereby, repealed and made void. 

Ske. 3. That this act shall be in force from and 
after its ratification. 

Ratified the 6th day of March, A. D. 1895. 


. 5 f 


